• Grandfather FD money distribution

My grandfather has fixed deposit in BOI in which my father is appointed as nominee.
Now my grandfather and my father both died.My grand father had three sons.
 will the FD amount be paid to my mother?What is the process?
My second question is..
Bank requires original death certificate of my grandfather for verification.I had certified copy of the death certificate.My younger uncle had original death certificate made by gram panchayat and he is not willing to give us.
now can i apply for new death certificate on the basis of photocopy of previous one on nagar nigam?
 is there any legal process so that i can get my grandfather's original death certificate?
Asked 8 years ago in Property Law
Religion: Hindu

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5 Answers

1)nominee is only trustee for legal heirs

2) since your grand father died intestate on his demise your father as nominee would entitled to FD proceeds

3) bank would insist on NOC from other legal heirs . also insist on indemnity bond

4) on demise of your father your mother and children would be entitled only to one third share in FD

5) apply for and obtain succession certifcate from court in name of all the legal heirs

7)enclose certifed copy of father death certtifcate

8) you would get succession certifcate in 6 months time

Ajay Sethi
Advocate, Mumbai
99963 Answers
8158 Consultations

nominee is dead

2) bank would insist on succession certifcate ,

3) in alternative insist on NOC from legal heirs

Ajay Sethi
Advocate, Mumbai
99963 Answers
8158 Consultations

yes, you can get fresh death certificate because there is no bar that more than one certificate cannot be issued. death certificate does not give any right, it is a document unlike of valuable security u/s 30 ipc so it cannot be said that you get duplicate copy of a valuable document.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Your grandfather's amount lying in FD shall be distributed to the legal heirs/successor equally.

The nominee is not a legal heir hence his legal heirs are not entitled to the money of the depositor.

The FD amount can be settled in favor of all legal heirs of your grandfather, out of which one share shall be allotted to your father for the benefits of his legal heirs.

You can get a copy of the original death extract from the registrar of births and deaths within your jurisdiction.

T Kalaiselvan
Advocate, Vellore
90164 Answers
2505 Consultations

Bank should not insist for succession certificate,NOC,or any other documents in case there is nomination.

Since the nominee is no more alive then the bank may insist on the succession certificate or at least an indemnity bond if the claim amount is low.

T Kalaiselvan
Advocate, Vellore
90164 Answers
2505 Consultations

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